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Bragel International, Inc. v. Pure Style, LLC

United States District Court, Ninth Circuit

May 15, 2013

BRAGEL INTERNATIONAL, INC., a California Corporation, Plaintiff,
v.
PURE STYLE, LLC, a California Limited Liability Company, Defendant. PURE STYLE, LLC, a California Limited Liability Company, Counter-Claimant,
v.
BRAGEL INTERNATIONAL, INC., a California Corporation, Counter-Defendant.

EDWARD R. SCHWARTZ, ESQ., CHRISTIE, PARKER & HALE, Attorney for Plaintiff/Counter-Defendant.

SEPEHR DAGHIGHIAN, ESQ NATHAN TALEI, LAW OFFICES OF SEPEHR DAGHIGHIAN, P.C., Beverly Hills, California, Attorneys for Defendant/Counter-Claimant: PURE STYLE, LLC.

[PROPOSED] STIPULATED PROTECTIVE ORDER

JOHN A. KRONSTADT, District Judge.

WHEREAS, Plaintiff/Counter-Defendant BRAGEL INTERNATIONAL, INC. ("Plaintiff") and Defendant/Counter-Claimant PURE STYLE, LLC ("Defendant") recognize that, pursuant to discovery or otherwise during the course of the above-captioned lawsuit between the parties ("the lawsuit"), the parties may be required to disclose trade secrets and other confidential research, development, marketing, financial or proprietary commercial and technical information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure ("Confidential Information"); and

WHEREAS, the parties have, through counsel, stipulated to entry of this Stipulated Protective Order pursuant to Fed.R.Civ.P. 26(c) to prevent unnecessary disclosure or dissemination of such confidential information.

THEREFORE, IT IS HEREBY ORDERED that the following provisions of this Stipulated Protective Order (hereinafter "Order") shall control the disclosure, dissemination, and use of Confidential Information in the lawsuit:

1. This Order shall govern the production, use and disclosure of confidential documents, things and information produced, used or disclosed in connection with the lawsuit and designated in accordance with this Order. A party may designate information, documents or things produced, used or disclosed in connection with the lawsuit as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" and subject to the protections and requirements of this Order, if so designated in writing to the other parties, or orally if recorded as part of a deposition or court proceeding, pursuant to the terms of this Order. Information, documents and things that a party believes contain or refer to information that is not generally available to or accessible by the general public, or that is to be kept confidential due to preexisting obligations, or that if disclosed would tend to damage the party's competitive position, may be designated as "CONFIDENTIAL." Information, documents and things that a party believes contain or refer to trade secrets or other confidential research, development, technical, business or financial information, or other confidential commercial information, and that, if disclosed to a business competitor, would tend to damage the party's competitive position may be designated as "CONFIDENTIAL - ATTORNEYS' EYES ONLY."

2. In the case of a document or thing, a designation of "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" shall be accomplished by marking each page of the document or thing (or in the case of computer medium on the medium and its label and/or cover) with the appropriate legend "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY." Documents printed out from any electronic medium marked "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" shall be marked by the printing party with the same designation as the electronic medium from which they are printed.

3. Information conveyed or discussed in testimony at a deposition shall be subject to this Order, provided that it is designated as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" orally or in writing either at the time of the deposition or after receipt by the parties of the deposition transcript. For such time as any information, documents or things designated as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" are disclosed in a deposition, the party whose information, documents or things are to be disclosed shall have the right to exclude from attendance at the deposition any person who is not entitled to receive such information, documents or things pursuant to this Order. In the event that a party believes that "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" information will be disclosed during a deposition, counsel for the party may designate on the record that all or specific portions of the deposition transcript, and the information contained therein, is to be treated as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY." In addition, a party shall have thirty (30) days after receiving a copy of the deposition transcript in which to designate all or specific portions of the transcript as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY, " as appropriate. If, within such thirty (30) days, no party designates in writing certain portions of the deposition transcript as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY, " all parties shall be permitted to use such portions of the transcript and the information contained therein with no restrictions of confidentiality, subject to the provisions of Paragraph 4 below.

4. The failure of a party to designate information, documents or things as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" in accordance with this Order, and the failure to object to such a designation, shall not preclude a party at a later time from subsequently designating or objecting to the designation of such information, documents or things as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY." The parties understand and acknowledge that a party's failure to designate information, documents or things as either "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" at or within the time specified in this Order relieves the other parties of any obligation of confidentiality until the designation is actually made.

5. Any information, document or thing designated as "CONFIDENTIAL" shall be used by the receiving party solely in connection with the lawsuit and shall not be disclosed to anyone other than:

(a) The Court and Court personnel;

(b) employees of the Parties, provided that:

(i) such disclosure is needed to assist in the prosecution or defense of this action;

(ii) such information is maintained in separate and identifiable files, access to which is restricted to the foregoing persons; and

(iii) before any such employee is shown or receives any information, document or thing designated as "CONFIDENTIAL, " he or she must execute a Declaration in the form of Exhibit A (attached hereto) and the procedures of Paragraph 7 below must be followed.

(c) Outside counsel of record, and their employees;

(d) Testifying experts, translators, interpreters, investigators, consulting experts and advisors who are independent of and not employed by a competitor of the producing party (including, but not limited to, a competitor's suppliers, contractors and operators) who are retained for purposes of the lawsuit, provided, however, that before any such person is shown or receives any information, document or thing designated as "CONFIDENTIAL, " he or she must ...


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